Trial of a Dark Witch
by GardenerKing
Summary: Not every dark witch and wizard fought for Tom Riddle. Now, with the war won, the wizarding world faces a dilemma: can a hero also be a criminal? And what about Harry and his friends, who must watch someone they love stand trial?


"Order, order!" Kingsley Shacklebolt yelled, slamming his gavel on the table. The Wizengamot gradually quieted down, although there was still murmuring from the gallery.

"Minister," said the defense attorney, "I renew my motion to dismiss. This woman is a hero of the Second Wizarding War! It is a grotesque miscarriage of justice to now put her on trial. Additionally, this indictment fails for lack of legality; simply put, at the time of the alleged acts, the Ministry had fallen under the control of subversive and treasonous elements, and—"

"I have already told you, Mr. Fawley, that this court will suspend ruling on your motion. This is a court of wizarding law, not common law; we consider questions of law and fact together. This trial will go forward. The prosecution may deliver its opening address."

Harry Potter watched the proceedings from the gallery. This trial was far more formal than the disciplinary hearing he had undergone before the Wizengamot after the Dementor incident some four years earlier. For that matter, it seemed far more formal than the trials that Voldemort's surviving followers had received over the last several months.

Working as an auror, Harry had tracked not a few of them down, and had been a key witness against many. Most of Voldemort's real loyalists were dead, but a few had still sworn their loyalty to him at their trials and gotten life in Azkaban for their pains. Most had taken plea bargains, turning Ministry's evidence against their erstwhile comrades for favorable sentences, and some had actually just pled guilty and thrown themselves on the mercy of the court.

This case was different though, and not just because the woman on trial for being a dark witch and using forbidden magic had fought on Harry's side in the war. The decision to try her at all had been extremely controversial. Shacklebolt, now confirmed as the new Minister of Magic, had been exceedingly reluctant himself, but there were too many in the wizarding community who insisted, maintaining that the use of the Killing Curse, worst of the unforgivable curses, could not be excused or brushed aside, regardless of extenuating circumstances. Harry could understand their reasoning on an intellectual level, but he did not care; after all, Molly Weasley had practically been his mother, and was soon to be his mother-in law.

"Wizards and witches of the Wizengamot," began the prosecutor, "this woman is accused of using the darkest, most forbidden magic known to the wizarding world: the Killing Curse! And that she did do so multiple times, with intent to kill! And that she did in fact kill, with intent and malice aforethought, the target of said curse! Now, the defense will say that circumstances justified these acts. The defense will say that she acted in self-defense and in the defense of others, and in a time of war, and that her victim, Bellatrix Lestrange, was herself a dark witch and user of all of the unforgivable curses, and a multiple murderess herself. My fellow wizards and witches, all of these things are true. I do not deny it, nor do I deny that those things are relevant, but only as mitigation. But they cannot excuse her actions altogether. Otherwise, we would be saying to the entire wizarding world, 'it's alright that she's a dark witch, because she's our dark witch.' Well, she may be our dark witch, but she's a dark witch. And simply put, two wrongs do not make a right!"

"Does the defense wish to make its opening statement now?" Shacklebolt asked, after the prosecutor had sat down.

"Yes, thank you," said Molly's solicitor. "Perhaps, though, my fellow wizards and witches, that is a mistake. After all, the prosecutor has already told you what I plan to say." There were a few suppressed giggles at that. "And it is true, as the prosecutor rightly points out, that Molly Weasley acted in self-defense and defense of others. I might add that the others she was defending were not just her own daughter and other children. She was defending the entire wizarding world, and the entire muggle world too, for that matter, from a deranged multiple murderess. And it is also true, as the prosecution rightly points out, that these acts were committed in wartime, against the enemy, indeed, against the enemy's second-in-command. In war, people die, and people, good people, kill. That is how wars are won. The prosecution is also correct that the so-called victim in this case—how the prosecution abuses the English language to call her that—was herself one of the most vile and dangerous dark witches ever to stain the wizarding world. That is all true, we do not dispute any of those contentions by my learned colleague. The prosecution also professes, however, to believe that these facts are relevant only in mitigation. There, I must disagree. That, however, is not the heart of our case.

"Rather, I would remind you all that the prosecution cannot actually prove its charges against Molly Weasley! Who are the prosecution's witnesses? The dark lord's followers, who we all will say anything, will lie without conscience or care, if they thing it will allow them to do harm to this good woman, or even just to get a day trip out of Azkaban. Why should we believe anything they have to tell us?

"But even if you are, for some reason, willing to entertain the possibility that there might exist some basis in fact to these charges, the fact is that they lack basis in law—"

"Objection!" cried the prosecutor. "Your honor, you have already said that you are suspending ruling on the defense's motion to dismiss until the close of trial."

"Overruled. I have also said that we shall consider questions of law and fact together. The defense is entitled to present its legal arguments with its factual ones."

"Thank you, your honor. As I was saying, these charges lack basis in law. At the time of the alleged acts, the Ministry, under the 'leadership' of Pius Thicknesse had formally legalized the use of the unforgivable curses—"

At this point, hostile murmurings from the gallery came close to drowning out the voice of Molly's solicitor.

"I do not, heaven forfend, mean to suggest that that action by Thicknesse was itself legal, or that Thicknesse' administration was the legal, legitimate government of wizarding Britain! All here know Thicknesse to have been the pawn and puppet of the Dark Lord Tom Riddle. But if Thicknesse was not the legitimate Minister, then there was no legitimate Minister, and no legitimate Ministry. And if there was no legitimate Ministry, and no legitimate Wizengamot, then does it not follow that there was no law?" The solicitor left the question hanging in the silence. "No," he said quietly. "It does not. There was still the natural law, and the natural right, the right of self-defense. And by that law, Molly Weasley is no criminal. She is a hero, a hero of the war against Tom Riddle, and for law and justice. Thank you."

With that, Molly's solicitor took his seat, and Shacklebolt invited the prosecution to present its first witness. The presentation of evidence was not very interesting. The prosecution's first witnesses were Death Eaters who had turned Ministry's evidence, and it was easy enough for the defense to cast doubt on their testimony. Things became more difficult when the prosecution began to call Harry's friends to testify. The prosecutor, mercifully, had not put Ginny or Harry on his witness list, but he did call Luna and Hermione. It became very clear that they were hostile witnesses to the prosecution, but, in the end, they had to acknowledge that, yes, they had seen Molly cast a spell that certainly looked like the Killing Curse at the Bellatrix Lestrange. Molly's solicitor did his best, but Hermione especially was a strong witness. When it came to closing arguments, the defense solicitor did not bother to claim that Molly had not done it; instead, he reprised his argument that the charge failed for lack of legality.

Then it was time for the prosecution's closing. "Ladies and gentlemen, the defense would have you believe that the defendant can only be judged by the natural law, and he claims further that the natural law guarantees the natural right of self-defense. That, as I understand it, is really the defense's whole case. There is no longer any serious dispute, I trust, that the defendant did in fact use the Killing Curse against Bellatrix Lestrange. Nevertheless, says the defense, there was nothing illegal about this, because Lord Voldemort than controlled the Ministry. I cannot accept this. I believe that we as a society cannot accept this. The unforgivable curses are not unforgivable by civil law—rather, it is the very natural law which the defendant claims as an excuse that condemns her! It is no mere social convention or civil statute that tells us that the Killing Curse is wrong—it is wrong in essence. It is a crime against nature! I beg you not to forget that. Thank you."

"Very well," said Shacklebolt, after a pause. "The Wizengamot will now render its verdict." Unlike a muggle court, the Wizengamot did not deliberate and discuss its decision. Instead, each member of the tribunal was expected to render an independent judgment. "Those in favor of conviction?" Too many raised their hands. "Those in favor of clearing the accused of all charges?" Not enough raised their hands.

"No! You can't do this!" a voice cried out, and Harry realized that it was his. With no recollection of having gotten out of his seat, somehow he found himself charging out of the gallery toward the dock. His wand, for some reason, was in his hand. Others throughout the chamber were shouting. There was pushing and shoving.

"Order! Order!" cried out Shacklebolt.

"Harry! Harry! This won't help me!" Molly yelled. Somehow, that had the power to restore relative order to the chamber. Harry looked around and realized that he had not been alone in rushing to the floor. What had been Dumbledore's Army had followed him, wands out. "Don't make this worse, please," Molly said.

Harry stopped, looked at himself, looked at his friends, and then at the rest of the chamber. "Sorry," he said, somewhat lamely, and walked back to his seat. Pretty soon the entire chamber had settled down.

"Very well, then. The time has come to pass sentence," said Shacklebolt. "Molly Weasley, you are stand a condemned dark witch, who has slain with the Killing Curse. For such an act, there can be only one punishment: life imprisonment in Azkaban—" For a moment, it seemed as though the chamber would once again burst into uproar. "But as the learned prosecutor himself has reminded us, there were powerful mitigating circumstances in this case. Therefore, I am suspending the sentence." There were murmurs of approval throughout the chamber, and many nodding heads. It seemed that this decision was regarded as a fair and just compromise by most of those present. "Mrs. Weasley, you will be on probation, and your punishment will be held in abeyance during your future good behavior. You will, however, remain under the supervision of a highly trusted member of the Auror's Office, who shall be responsible for making sure you make no further unlawful use of the Dark Arts. Auror Potter, will you agree to act as Mrs. Weasley's probation officer?"

Harry wiped the tears of relief off of his face. "Yes, sir. Gladly, sir."

"Then this court is adjourned."

* * *

Later, after a large celebratory dinner at the Weasley house, Harry had a chance to talk with Molly. There had been wine served at the celebration, and Harry was mildly sloshed as they walked in the field outside the Weasley house, sounds of the feast still coming from within. "Well, Mrs. Weasley, you know I have to ask: have you been using any dark magic lately? Any curses?"

Molly just laughed.

"I'm sorry I'm going to have to ask ridiculous questions like that," said Harry, more seriously now. "It's absurd: you are no more a dark witch than I am."

"Oh, Harry, considerably more, I should think."

Harry suddenly felt very sober indeed. "What do you mean?"

"Harry, I am a dark witch. Do you think I killed someone like Bellatrix Lestrange with a Killing Curse without having ever practiced it before? Of course I'm a dark witch. Don't worry," she hastened to add, "I'll be keeping my nose clean from now on."

"Wait, but, you—how?"

Molly shook her head. "Harry, you still have a lot to learn. Do you think I'm the only dark witch who fought against Tom Riddle? Who knows how many dark wizards and witches fought against him? How many laid down their lives to stop him. Harry, dark is not evil. The 'unforgiveable curses' are tools, same as any spell. What's that thing muggles use, it makes a popping noise, puff of smoke; they use it to kill?"

"A gun?"

"Yes, that's right, a gun. My Artie would have known that. We once went on a trip to America—this was one summer when we were still in school, before the first war. The muggles there, they had a great big museum of guns. You should have seen Artie, how fascinated he was. Where was I going with this?"

"I'm not sure, something about curses being tools."

"Oh, right. So muggles use guns to kill people, not too different from the way a dark wizard might use the Killing Curse. Is every muggle who's ever shot someone evil? Every soldier who did his duty in one of their wars? Guns are tools, and so are curses. It's the intent behind them that matters. I used dark magic to stop Bellatrix and save my family and friends. Do you think I should feel bad about that?"

"Well, no, but what about the other unforgiveable curses? What about the Cruciatus Curse? Would it ever be right to torture someone?"

Molly paused at that one. "I don't know. What if that had been the only way to get one of the Death Eaters to reveal where one of the horcruxes was? Maybe then."

"Well, what about the horcruxes? That's a form of dark magic, the darkest—surely there could never be a justification for that?"

"Harry, horcruxes are stupid. I found a much better path to immortality."

"How? What? How?"

Molly laughed. "Children, Harry. And soon grandchildren, I hope. Artie and I'll live on through them. A much better magic than any horcrux. Now, let's go back inside. I think it's time we were all getting to bed."

The End.


End file.
